Petition of Furness

CRAIG, J.

This appeal is taken under the provisions of section 953(a) of the Code of Civil Procedure. It is from an order of the superior court dismissing the amended petition of Edgar J. Sharpless to set aside the supplemental decree rendered by that court in this proceeding. The original petition of Frank Furness et al. for registration of their lands under the ‘1 Torrens Title Act” (Stats. 1915, p. 1932) was filed June 26, 1919. It contained a number of applications, among which was that of Sylvester W. Barton and Lelia Adelaid Barton, his wife, which sets forth that they have had actual, adverse, exclusive possession of certain land, and prays for a decree determining the title thereto to be in themselves. The premises therein described are as follows: “One separate parcel of land described as commencing at the northeasterly corner of lot 1 of the subdivision of lot 19 of Gunn and Hazzard’s plat of the Cullen Tract, in the County of Los Angeles, State of California, as per map recorded in Book 42, page 28, of Miscellaneous records in the office of the recorder of said county; thence north 39° 4F east 181.2 feet; thence south 55° 30' east 556.2 feet; thence south 39° 41/ west 623.8 feet; thence north 51° 40' west 556.9 feet; thence north 39° 41' east 393.2 feet to the point of beginning. Reserving therefrom those portions within the bounds of public roads.” The application also makes the following representations concerning the adjoining land owners: “A. North

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erly: County of Los Angeles for public road purposes. Southerly: B. Sharpless, Whittier, Cal. Easterly: E. J. Sharpless, Whittier, Cal. Westerly: County of Los Angeles for public road purposes.”

A copy of this application was served personally upon Edgar J. Sharpless. Subsequently, and on June 30, 1920, the trial court rendered a supplemental decree adjudging Sylvester W. Barton and Lelia Adelaid Barton to be the owners of land described as follows: “A. One separate parcel of land being that portion of lot 19; and of that tract marked ‘17 40/100’ as both are shown on map of resurvey of Gunn and Hazzard’s plat of the Cullen Tract, County of Los Angeles, State of California, in Book 34, page 64, of Miscellaneous records in the office of the recorder of said county, described as commencing at the intersection of the center line of the Los Angeles and Santa Ana road, as said road is shown on county surveyor’s map No. 7239 (on file in the office of the county surveyor Los Angeles County) with the northeasterly prolongation of the northwesterly line of said lot 19; thence south 55° 05' east along the center line of said Los Angeles and Santa Ana Road, 298.00 feet; thence south 57° 13' 45" east along the center line of said road, 261.03 feet; thence south 39° 09' west 623.57 feet; thence north 52° 12' west 556.90 feet to a point in the northwesterly line of said lot 19; thence north 39° 09' east along the said northwesterly line of lot 19 and the northeasterly prolongation of said line 585.55 feet to the point of beginning. Reserving therefrom a strip of land 30 feet in width along the northwesterly side thereof and a strip of land 20 feet in width along the northwesterly side thereof for public road purposes. ’ ’